8. Mr. Thomas A. Mensah introduced the Report of the Expert
Consultation to Review Port State Measures to Combat Illegal, Unreported and
Unregulated Fishing. He highlighted the following points.

Port State
measures constitute a crucial link in the chain of any effort to combat IUU
fishing.

It is not practical to
contemplate adopting a Memorandum of Understanding (MOU) on port State measures
at a global level; the elements proposed by the Expert Consultation were for
regional MOUs.

These regional MOUs are but
one of the several tools available to address IUU fishing.

The elements within the MOU
should be practical in terms of their application and enforcement.

One important element is the
control of access of vessels to the port.

The MOU should apply to all
vessels engaged in, or supporting, fishing activities, including fishing vessels
and vessels transporting fish and fishery products, as well as vessels flying
flags of non-compliance or vessels with a history of non-compliance according to
measures established by regional fisheries management organizations
(RFMOs).

There is a need for a
harmonized and coordinated approach to inspections.

There is a need to use a
unique numbering system for fishing vessels, similar to the IMO numbering
system, which would include information on the owners and operators.

There is a need for prior
notice of port access so that there could be better control when the vessel
arrived in port.

There should be effective and
credible sanctions, where fishing vessels are found to have violated applicable
legislation in waters under the jurisdiction of the port State.

For effective implementation
of port State measures to prevent, deter and eliminate IUU fishing, exchanges of
information are crucial.

There is a need to promote the
awareness about IUU fishing and a need to provide assistance to developing
States. FAO should consider programmes of assistance.

9. Mr. Mensah noted also that a database concerning relevant
port State measures that could be used to combat IUU fishing would be discussed
during the Consultation. He submitted the Report of the Expert Consultation for
the consideration of the meeting.

10. All Members supported the concept of port State measures
to combat IUU fishing and the FAO process that was being followed. The
Consultation agreed that there was a need for a suite of model provisions to
implement port State measures. Some Members pointed out that this approach did
not exclude the need to prepare in the future an international instrument on the
rights and obligations of port States.

11. Some Members stated that they had reservations about the
MOU as a means of implementing the IPOA-IUU as it would create a further
bureaucratic layer and that its establishment would be a lengthy process. They
pointed out that RFMOs and their members already enjoy the necessary competence
to adopt resolutions and regulations and that they should be encouraged to agree
on the relevant port State measures to be taken in their respective regions.
They supported the view that the Technical Consultation adopt a draft Resolution
as a model to this effect.

12. Other Members considered that the elaboration of an
international instrument providing general rules on port State inspections was
needed to serve as a reference for action in the field of control of foreign
fishing vessels. Therefore, they supported the adoption of a set of provisions
recommendations, as proposed by the Technical Consultation describing basic and
minimum port State measures, to be forwarded to COFI in 2005. Subsequent action
could be taken either through the adoption of regional MOUs or through RFMOs, or
at the level of individual port States, as appropriate.

13. The IMO resource person elaborated on the following points
that could be of relevance to IUU fishing;

Resolution A.925
(22) on the entry into force and implementation of the 1993 Torremolinos
Protocol and the 1995 STCW-F Convention;

The proposed convening of a
second Joint IMO/FAO Working Group on IUU Fishing and Related Matters;

The exchange of information
between FAO and IMO on technical cooperation activities;

The outcome of the second IMO
Workshop for port State control MOUs/Agreement Secretaries and Directors of
Information Centres;

The forthcoming second
Ministerial Conference of the Paris and Tokyo MOUs;

The guidelines on port State
control measures with regard to security;

The Automatic Identification
System (AIS);

The IMO numbering schemes (IMO
Ship Identification Numbers Schemes and the unique company and register owner
identification number schemes);

The Continous Synopsis Record
(CSR);

The Global Integrated Shipping
Information System;

The Voluntary IMO Member Audit
Scheme and the code for the implementation of (mandatory) IMO instruments;
and

The importance of the number
of casualties in fishing activities and of enhanced cooperation between flag
States and port States.

14. The resource person from the International Labour Office
described the experiences of his organization concerning port state control of
merchant ships for compliance with international standards for seafarers.
Particular reference was given to the importance of coordination at the national
level between the government agencies concerned with port state control. This
involved ensuring that the legal provisions are sufficiently clear for port
State control officers to take action and that the port State control officers
receive sufficient guidance and training especially if they do not have a
background in the area concerned. Specific to fishing, the resource person added
that ILO was in the midst of developing a comprehensive standard (A Convention
and a Recommendation) on work in the fishing sector.

Consideration of the Draft Memorandum of Understanding on
Port State Measures to Combat Illegal, Unreported and Unregulated
Fishing

15. The Consultation agreed that it would examine the elements
contained in the draft Memorandum of Understanding on Port State Measures to
Combat Illegal, Unreported and Unregulated Fishing contained in Appendix E of
document TC PSM/2004/2 on a paragraph by paragraph basis. The revised draft
document is attached as Appendix E.

16. After a thorough exchange of views and taking into
account, among others, the mandate it had received from COFI, the Technical
Consultation agreed that the document should be titled model scheme.
This model scheme would be considered as constituting principles and guidelines
to be used by States as a reference for the negotiation and adoption of regional
MOUs or of resolutions or recommendations within RFMOs, as well as alternatively
for the adoption of measures by Port States at the national level. The Technical
Consultation highlighted that concerted action at the regional level should be
encouraged and that these principles and guidelines did not prevent the adoption
of additional and eventually stricter measures, provided that such measures be
consistent with the applicable rules of international law.

17. The provisions contained in the model scheme are for
consideration and adoption as appropriate, by States, RFMOs and at the regional
level. The model scheme does not affect the competences of RFMOs with respect to
port State measures.

18. The Legal Counsel advised that the model scheme which was
reviewed and discussed during the Consultation was a framework, a set of minimum
requirements which States, RFMOs or others could use and consult when developing
port State measures. In the current context, there is no question of
reservations as reflected in public international law. The model
scheme is voluntary in nature.

19. Japan reserved its position with respect to Appendix E of
the report of the Technical Consultation on the basis of its view in terms of
the application and implementation of international law. Japan also noted that
the document did not consider the different characteristics of fisheries and
fish products and that flexibility was required to accommodate such
differences.

Programmes of assistance to facilitate human development
and institutional strengthening, including legal assistance, in developing
countries so as to promote the full and effective implementation of port State
measures to combat illegal, unreported and unregulated fishing

20. The Consultation considered this item on the basis of
document TC PSM/2004/3, which was supplemented by an introduction by the
Secretariat. It was pointed out that in view of the novelty, complexity, and
interdisciplinary nature of the issues involved in IUU fishing and, in
particular, port State measures, the need to enhance human resources development
and strengthen institutions to address these important and emerging issues
cannot be over-emphasized. Furthermore, while expertise in the conventional
areas of control will continue to be important, the rapid pace of change in
information technology required that those with responsibility for port State
measures in developing countries acquired appropriate additional and updated
knowledge and skills.

21. There was strong support in principle for the general aims
of the proposed Programme of Assistance. Many Members made observations
concerning the structure and delivery mechanisms outlined in the document.
Several Members pointed out that the Programme should be designed primarily to
assist developing countries in achieving their specific national objectives, in
keeping with the IPOA-IUU.

22. The Consultation noted that while FAO should play a key
role in the design and implementation of the Programme, active participation and
concrete support from governments, international and regional organizations, as
well as donor agencies and financial institutions would be necessary. In this
regard, the Consultation emphasized the need for strengthened collaboration
between FAO, IMO and ILO.

23. The Secretariat informed the Consultation that the budget
estimates provided in the document for the regional workshops and follow-up
activities at national level were tentative approximations. These would be
adjusted in the course of formulating the proposal in greater detail. The
Consultation was further informed that while FAO would continue to provide
financial resources in respect to activities to combat IUU fishing, additional
funding required in the framework of port State measures would probably have to
be sought from extra-budgetary sources.

24. Some Members expressed their willingness to consider the
provision of financial resources in support of the proposal in due course.
Others, however, indicated that they would like to see the activities supported
from the regular budget of FAO. The Consultation invited FAO to engage in
discussions with donor agencies and financial institutions with a view to
obtaining the necessary funds to enhance human capacity development and
institutional strengthening on port State measures in developing
countries.

25. The Consultation recommended that a refined draft of the
proposal, as concise and short as the need to be comprehensive permitted, should
be prepared by the Secretariat, in consultation with IMO and ILO as appropriate,
for consideration by the Twenty-sixth Session of the Committee on Fisheries in
2005.

Establishment of a database concerning relevant port States
measures

26. The Secretariat introduced document TC PSM/2004/4 entitled
Establishment of a database concerning relevant port state measures.
The paper proposed the establishment of an FAO database that could draw on
existing databases held in the FAO Legal Office and in the Fisheries Department.
The paper also set up the steps required to establish such a database. It could
contain measures that had been adopted by RFMOs and FAO Members in implementing
port State measures.

27. The Technical Consultation supported the establishment of
such a database. However, some questions were raised and clarifications sought
concerning funding and maintenance of the proposed database as well as the
information to be held in the database.

28. The IMO resource person provided a history of the
development of port State control databases at regional, interegional and global
levels and referred to:

Equasis, which was
established by the European Commission and France;

The information Systems
created by the port State control MOUs/Agreement; and

The development of the Global
Integrated Shipping Information System (GISIS) on, inter alia, security,
port State control and casualties-related data.